• Rera Appellate Tribunal

I bought a flat under greater noida authority in January 2011 . The posession was suppose to be given in 2013 but the posession was given in 2019 march . I took the posession and filed complaint in UP Rera . The case was dismissed saying that the posession has been taken and no section of Rera applied to it to give refund . So I have filed case in rera appellate tribunal lucknow now . Could someone advise me please and if possible give any landmark judgement that would support my case please . Thanks in advance
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

It would be somekind of difficult to get the refund after possession 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Section 31 of the RERA Act states that, any 'aggrieved person' may file a complaint with the Real Estate Regulatory Authority for any violations of the said Act. Thus, if a builder delays in completing the flat, a complaint can be filed against him under Section 31.

 

2)you  can file a complaint against the builder even after taking the possession and claim compensation for the delay in the project that has been made by the builder.

Ajay Sethi
Advocate, Mumbai
96832 Answers
7812 Consultations

Actually rera is very specific and now it has become a toothless tiger. It only works rigidly through section. You need to argue that you were compelled to seek possession in the said case. Judgement will require detailed study of case in your matter. 

Prashant Nayak
Advocate, Mumbai
32441 Answers
199 Consultations

Venturi aur application in rera tribunal will not sustained for the compensation of the lead position you would have gone into the consumer forum are consumer commission as the case may be depending upon the value aapki claim it is better at this point of time you withdraw your appeal in rera tribunal and file your complaint in consumer forum are commission as the case may be

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

At the time of taking possession did you write any letter to the builder stating that you are taking the possession under protest and without prejudice to your right of claiming compensation and interest for the delay in handover of possession?

There cannot be a judgment for everything. Much depends what you stated in your complaint before Rera tribunal 


Also after having accepted possession you cannot seek a refund

You could only claim interest and compensation for the delay 

Yusuf Rampurawala
Advocate, Mumbai
7666 Answers
79 Consultations

Please elaborate as to under what circumstances did you take possession and how much amount was paid and was pending. Moreover the order must also be shared.

If you took the flat under protest then you should get a refund.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Your first mistake was to file case in RERA where the Tribunal often falters ti redress the grievances if the flat owners. 

The Appellate Tribunal is no exception. 

Therefore my piece of advice is to withdraw the appeal and file case before the consumer forum. 

However do take note that registration of the sale deed acts against you. 

Devajyoti Barman
Advocate, Kolkata
23202 Answers
511 Consultations

1. Judgments are specific to the facts of every case.

2. Did you take possession under protest? If you have not taken possession under protest then you have no cause of action to sue the builder for any relief.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

When there is no provision is made in RERA, you should not move to Rera Appellate Tribunal.  For landmark judgement, act should be applicable to your case.   The best option is to file a complaint before Consumer Forum.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

- Under Section 31 of the RERA Act , any aggrieved person can file a complaint  against the builder, promoter or real estate agent.. however the proceeding under the Real Estate Regulatory Authority is civil in nature , hence for getting refund of amount & compensation for delay in possession , one should approach the Consumer Court. 

- Supreme Court judgement  in the case of Kolkata West International City Pvt. Ltd. Versus Devasis Rudra .

Mohammed Shahzad
Advocate, Delhi
14440 Answers
221 Consultations

On what basis you have filed the case for possession or you want arrears against delay for possession in the form of Interest. Or any other reason is there. So I can provide you a suitable and specific Judgement.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Buyer cannot be made to wait indefinitely for delivery of possession. File consumer complaint simultaneously for for compensation for delayed possession and mental harassment.

Also, RERA permits the allottee to get interest at the prescribed rate for every month of delay on his amount.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

Hello, 

There are various judgments otherwise which state that no case can be filed after taking the possession. 

If you have any grievance thereafter, you may approach the consumer forum for deficiency in services. 

You are not remedy less any day. 

Let me know if I can be of any help to you. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. What was your prayer in your complaint case filed before the RERA Tribunal? What did you want? 

 

2. If you have taken possession of the Flat, you can not seek refund of the money from the Developer to buy the said Flat.

 

3. With out knowing your prayer, it is difficult to part with any advice to you in then instant case.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

you can file complaint before district consumer forum on Defiency of Services and claim compensation for mental agony. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

If you have preferred an appeal before appellate tribunal of RERA then you may have to wait for the outcome.

You could have knocked the doors of the consumer forum instead of RERA.

You can browse through internet for any good judgment suitable to your case, becasue it is not not known what was the reason that you approached RERA and the reason for rejection.

 

 

T Kalaiselvan
Advocate, Vellore
87033 Answers
2337 Consultations

I don't think that any judgement will support your case because you have taken the possession without filing and case against builder for delayed possession.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You should have filed the case in the consumer forum/

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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